Legal
Photographer Marketplace Agreement
Sections
- 1. Independent Provider
- 2. Eligibility and Account
- 3. Services and Bookings
- 4. Fees and Subscriptions
- 5. Payments and Payouts
- 6. Cancellations, Delivery, and Rescheduling
- 7. Payment Disputes and Chargebacks
- 8. Your Content and License to FLKD
- 9. Reports, Blocking, and Safety
- 10. Account Deletion and Termination
- 11. Photographers Ages 14–17
- 12. Changes to This Agreement
- 13. General
- 14. Contact
This Photographer Marketplace Agreement (“Agreement”) is between FLKD LLC, a California limited liability company (“FLKD,” “we,” “us,” or “our”), and you, a photographer using FLKD. It applies together with the FLKD Terms of Use and Privacy Policy. If this Agreement conflicts with the Terms of Use about photographer services, this Agreement controls.
You accept this Agreement when you create a photographer account and accept it in the app. If you are a photographer ages 14–17, your parent or legal guardian must also accept it on your behalf, as described in Section 11.
1. Independent Provider
You are an independent provider, not an employee, agent, partner, or representative of FLKD. You control how you perform your services, including your equipment, methods, and schedule, subject to marketplace rules and applicable law.
You are responsible for your own taxes, licenses, permits, insurance, and business expenses.
2. Eligibility and Account
Photographers must be 18 or older until FLKD makes accounts available for photographers ages 14–17. You must give accurate and current information, complete any identity verification FLKD or its payment provider requires, and protect your login credentials.
3. Services and Bookings
You set your packages, prices, availability, and service area, and you are responsible for describing your services accurately.
A booking request is not confirmed until you accept it and the payment process succeeds. You should respond within the Request-to-Book window shown in the app. If you do not respond in time, the request expires.
Once you accept a booking, you must provide the services described in it. Communicate about bookings through FLKD, and do not use FLKD to find customers and then move bookings outside FLKD to avoid fees.
4. Fees and Subscriptions
FLKD offers these photographer plans:
- Starter: $0 per month. FLKD charges a 16% marketplace fee on bookings created while you are on Starter.
- Pro: $24.99 per month. FLKD charges an 8% marketplace fee on bookings created while you are on Pro.
Marketplace fees are calculated on the photography package amount. The customer service fee is separate, is paid by the customer, and is kept by FLKD. FLKD charges Pro photographers a 4% marketplace fee when a customer books the same photographer again and at least one previous booking between that customer and photographer has been completed. The photographer must be on the Pro plan for the new booking to qualify. All other Pro bookings are subject to the standard 8% marketplace fee.
Plan limits, such as the number of packages and portfolio uploads, are shown in the app. If you move from Pro to Starter, Starter fees apply to bookings created after the change, packages beyond the Starter limit are deactivated but not deleted, and portfolio uploads above the Starter limit are blocked.
Pro renews automatically each billing period until you cancel it, and the subscription terms in Section 7 of the Terms of Use apply. If FLKD offers a promotional subscription price, it will disclose before you enroll the promotional price, eligibility and enrollment period, how long the promotional price lasts, the standard price that applies afterward, and when the change takes effect. A promotional price does not last beyond the period disclosed to you.
FLKD will post notice of changes to fees or plans before they take effect. Changes apply to bookings created after the change and do not change bookings already confirmed.
5. Payments and Payouts
Once FLKD turns on card payments, payments are processed by Stripe and other payment providers. To receive payouts, you must accept Stripe’s Connected Account Agreement and complete identity verification, tax, and banking requirements.
Photographer payouts become available when FLKD turns them on, and FLKD will tell photographers when that happens. Once available, FLKD pays you the photography package amount less the marketplace fee, after the booking requirements in Section 6 are met.
FLKD may delay or hold a payout when necessary to address late or missing delivery, disputes, chargebacks, suspected fraud, incomplete verification, legal requirements, or violations of this Agreement or the Terms of Use. You are responsible for reporting and paying taxes on your earnings.
6. Cancellations, Delivery, and Rescheduling
If a customer cancels a confirmed booking, your share depends on when the customer cancels, measured from the scheduled coverage start time in the venue’s local time. More than 24 hours before coverage starts, the customer is refunded in full and you receive nothing. At 24 hours or less before coverage starts, but before coverage begins, the customer receives 75% of the photography package amount and you receive 25%, less the applicable marketplace fee. At or after coverage start, or if the customer is a verified no-show, the customer receives no package refund and you receive 100% of the photography package amount, less the applicable marketplace fee, subject to the delivery rules below. The FLKD service fee is not refunded for ordinary customer cancellations. These amounts match Section 8 of the Terms of Use.
If you cancel or do not appear for a confirmed booking, the customer receives a full refund of the booking amount and the FLKD service fee, and you are not paid for that booking. You can cancel in the app before coverage starts. At or after coverage start, contact FLKD Support. FLKD does not currently apply cancellation penalties, but may restrict or end accounts for repeated or abusive conduct under the Terms of Use.
You must deliver completed work within 120 hours after coverage ends, using the delivery method specified through FLKD. If delivery is late, your payout is blocked until the work is delivered or the matter is resolved. After you deliver, the customer has 24 hours to report an objective or material problem, and only those problems hold your payout.
If a customer reports a material problem, you will have a reasonable chance to correct it. If the problem is not corrected, or the work is never delivered, the customer may receive a refund of the package amount and the FLKD service fee, and you are not paid for that booking.
Either you or the customer may request to reschedule before coverage starts. A reschedule takes effect only when the other party accepts it and FLKD confirms it. If a reschedule changes the price or scope, the change must be approved.
7. Payment Disputes and Chargebacks
FLKD manages customer payment disputes and chargebacks arising from transactions processed through the platform.
Photographers are not automatically responsible for chargebacks or payment disputes solely because a customer initiates a dispute or a payment is reversed.
If FLKD determines, following a reasonable review of available evidence, that a chargeback or refund resulted directly from a photographer’s material failure to fulfill an accepted booking, including a verified no-show or failure to deliver the agreed photography services, FLKD may seek recovery of the documented loss attributable to that failure, subject to applicable law and the terms of this Agreement.
Photographers are not responsible for losses resulting solely from unauthorized customer payments, customer payment fraud, or FLKD’s own processing or operational errors, unless the photographer’s own fraud or misconduct materially contributed to the loss.
FLKD will not recover more than the actual recoverable loss or recover the same amount more than once. Any recovery from future photographer earnings will be subject to applicable law, appropriate notice, and any additional authorization required under this Agreement.
8. Your Content and License to FLKD
You keep ownership of your photographs and the original files. You are responsible for delivering to customers only work you have the right to deliver.
You grant FLKD a non-exclusive, worldwide, royalty-free license to host, reproduce, display, format, and distribute the photographs you submit to FLKD to operate and showcase the marketplace and to promote FLKD and participating photographers. This includes FLKD’s website, app, and official social-media accounts, and editorial features, photographer spotlights, and other FLKD promotional content.
FLKD may use photographs featuring adult athletes, bystanders, or fans in advertising where appropriate permissions exist. FLKD does not currently use photographs featuring identifiable minors in paid advertising.
You represent that you own or have the rights and permissions needed to submit and display each photograph, including any permission required from people who appear in it. Accepting this Agreement does not give FLKD publicity rights over people whose permission you cannot legally give.
Your content must follow the Prohibited Conduct rules in Section 16 of the Terms of Use. FLKD may hide or remove content that violates this Agreement, the Terms of Use, or applicable law.
If someone asks FLKD to remove a photograph, including a parent or legal guardian of a minor shown in it, FLKD may remove it from FLKD-controlled public and marketing surfaces, and you agree to cooperate with the removal. This does not require FLKD to delete your original files or remove content from galleries or services outside FLKD’s control.
When you remove a photograph or delete your account, FLKD stops using it on FLKD-controlled public and marketing surfaces. FLKD cannot retrieve copies already shared or distributed outside its control, and backup copies expire on their normal cycle.
9. Reports, Blocking, and Safety
You can report a photographer profile, portfolio photo, review, or message conversation in the app, and you can block other users. FLKD reviews reports and may hide photos, limit features, or suspend or end accounts that violate the Terms of Use or this Agreement.
10. Account Deletion and Termination
You can request deletion of your account in the app at Account > Help & Legal > Delete Account, through the account deletion page on flkdapp.com, or by contacting support@flkdapp.com. FLKD reviews deletion requests and processes them promptly. Deletion may wait for open bookings, payouts, refunds, disputes, reports, or legal requirements.
Before your account is deleted, you must complete or resolve your open bookings. On deletion, your profile, packages, availability, and portfolio photographs are removed from FLKD as described in the Privacy Policy. Amounts you have earned and FLKD may owe you, and amounts you may owe FLKD, remain subject to this Agreement.
FLKD may suspend or end your access when reasonably necessary to protect users, enforce this Agreement or the Terms of Use, meet legal or payment-provider requirements, or investigate misconduct.
11. Photographers Ages 14–17
When FLKD makes accounts available for photographers ages 14–17, a parent or legal guardian must authorize the photographer before the photographer can accept bookings. The parent or legal guardian confirms:
“I confirm that I am the parent or legal guardian of [full name], that I have authority to authorize their participation as a photographer on FLKD, and that I have reviewed and agree to the Photographer Marketplace Agreement on their behalf.”
The parent or legal guardian may withdraw this authorization by contacting FLKD. After withdrawal, the photographer cannot accept new bookings, and FLKD will handle open bookings, payouts, and the photographer’s account under this Agreement and applicable law.
12. Changes to This Agreement
FLKD may update this Agreement. FLKD will post the updated Agreement on the Services with a new effective date and will give any additional notice required by law. If you keep using FLKD as a photographer after an update takes effect, you accept it where permitted by law.
13. General
The dispute resolution, limitation of liability, indemnification, and governing law provisions in the Terms of Use apply to this Agreement. This Agreement and the Terms of Use are the entire agreement between you and FLKD about your use of FLKD as a photographer. If any provision is unenforceable, the rest remains in effect.
14. Contact
FLKD LLC2108 N St #8197
Sacramento, CA 95816
info@flkdapp.com
Questions about this policy: Contact FLKD ›